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HomeMy WebLinkAbout3-11-08_PZCALDWELL PLANNING AND ZONING COMMISSION MINUTES March 11, 2008 Call to Order – Commissioner Jakobson called the meeting to order for the public hearing at 7:05 p.m. Roll Call – Members Present: Gene Shaffer, James Runsvold, Scott Wallace, Geoff OldenKamp, Michael Jakobson, Betty Tollman Disclosures: None Members Absent: None Staff Present: Brian Billingsley (Planning Director), Anne Marie Skinner (Senior Planner), Brent Orton (City Engineer), Savanna Davis (Secretary). Review of Proceeding – Commissioner Jakobson announced the procedures for the public hearing.  Old Business Approve minutes of February 12, 2008. MOTION: Commissioner Shaffer SECOND: Commissioner Runsvold. Passed: Unanimous roll call vote. NEW BUSINESS Case Number VAR-35-08 a request by Darigold Inc. for a variance of the street side yard setback. The site is located at 520 Albany Street. Testimony: Brian Billingsley presented the staff report and submitted an aerial photo labeled as PZ-1000. Angela Rice, applicant’s representative, signed in favor of the application and provided supporting testimony. Commissioner Shaffer inquired about further expansion. Ms. Rice stated there are no plans for Darigold to expand any further at this time. Mark Taparro signed in favor of the application and provided supporting testimony. MOTION TO CLOSE TESTIMONY: Commissioner Runsvold SECOND: Commissioner Shaffer Passed: Unanimous roll call vote. Findings of Fact on Case Number VAR-35-08 – Accepted MOTION: Commissioner Shaffer SECOND: Commissioner Runsvold. Passed: Unanimous roll call vote. Conclusions of Law on Case No. VAR-35-08 –The conclusions of law were read and accepted. MOTION: Commissioner Shaffer SECOND: Commissioner Runsvold Passed: Unanimous roll call vote. Order on Case No. VAR-35-08 - MOTION: Commissioner Runsvold SECOND: Commissioner Wallace. The Commission voted to Approve. Case Number ANN-169-08 a request by Juso Kapic for annexation of 1.50 acres with C-2 Community Commercial zoning, a comprehensive plan map amendment from Medium Density Residential to Commercial, and a development agreement. The site is located at 3521 E. Ustick Road. Testimony: Anne Marie Skinner presented the staff report and submitted an aerial photo labeled exhibit PZ-1000. The Commission asked Ms. Skinner to explain the current surrounding zonings. Ms. Skinner stated that if the property owner continues to keep the use exactly the same (as a home with an auto repair service shop in the garage without employees) there would be no improvements required. Juso Kapic, applicant, signed in favor and made himself available to answer questions. Commissioner Shaffer asked the applicant to explain more about his operation. Mr. Kapic stated that there are no employees, there are about 10 cars at a time and one to five clients come in a day. Commissioner Runsvold asked about future employees. Mr. Kapic stated that he owned the business since 2001 and does not have any employees and cannot let someone else work on his clients cars. Mr. Kapic also stated that he has tried having employees in the past. Commissioner Runsvold asked if the 20 foot buffer would cause any problems Mr. Kapic stated that he saw no problems with a buffer. Commissioner Shaffer asked about the rear setback. Mr. Kapic stated that there is not enough room for a 20-foot setback. Anne Marie Skinner stated that area of land would be designated as commercial in the comprehensive plan map. Dan Robertson signed in neutral to the application and stated that he would like to see a buffer even if it’s just a fence. MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Runsvold SECOND: Commissioner OldenKamp Passed: Unanimous roll call vote. MOTION TO RE-OPEN PUBLIC TESTIMONY: Commissioner Runsvold SECOND: Commissioner OldenKamp Passed: Unanimous roll call vote. Commissioner Shaffer asked the applicant to come back up to the podium to describe what type of landscaping improvements currently exists along the street. Juso Kapic stated that the current landscaping buffer is about 8 feet wide on part of the property consisting of trees and shrubbery. Commissioner Shaffer confirmed that the balance of the property is open field. MOTION TO CLOSE PUBLIC TESTIMONY: Commissioner Runsvold SECOND: Commissioner OldenKamp Passed: Unanimous roll call vote. The commission then conversed about where and whether or not to require a fence to be installed. Comprehensive Plan Analysis ANN-169-08– MOTION: Commissioner Shaffer SECOND: Commissioner Tollman . Passed: Unanimous roll call vote. Findings of Fact on Case Number ANN-169-08– Accepted MOTION: Commissioner Runsvold SECOND: Commissioner Shaffer. Passed: Unanimous roll call vote. Conclusions of Law on Case No. ANN-169-08–The conclusions of law were read and accepted. MOTION: Commissioner Shaffer SECOND: Commissioner OldenKamp. Passed: Unanimous roll call vote. Recommendation on Case No. ANN-169-08- MOTION: Commissioner Runsvold SECOND: Commissioner Wallace. The Commission voted to recommend Approval with the following conditions: 8.2 through 8.5 A six-foot high fence shall be placed along the north boundary of the subject property the material of which shall be selected by the applicant with approval from the adjacent neighbor to the north. Case Number SUB-188P-08 a request by Sawgrass Commercial LLC, Ron Bath and WRG Design for preliminary plat approval of Sawgrass Commercial Subdivision consisting of 16 commercial lots and 3 common lots. The site is located at 16069 Florida Avenue. Testimony: Anne Marie Skinner presented the staff report, submitted an aerial map labeled as PZ-1000 and handed out an amended staff report labeled as SP-12 in the case file. Ms. Skinner then stated that there is a word change in the amended staff report, item 8.13 on page 15 as follows: The word “areas” needs to be deleted and replaced with “storm water detention/retention basins.” Brent Orton stated further engineering comments in respect to the access points off of Florida Ave. Commissioner Runsvold asked what ITD had to say about this proposal. Mr. Orton stated that ITD is an active participant in the proposal and the traffic study. Anne Marie Skinner directed the commission to ITD’s comments in the staff report. Commissioner Shaffer commented on the access to Karcher. Mr. Orton stated that there is no access permitted anywhere but at the half mile mark on Karcher. Commissioner Tollman asked if there are three access points to this development. Ms. Skinner stated that as far as she can tell from the site plan there are three. Megan Johnson, applicant’s representative, signed in favor of the application and submitted a site plan labeled as PZ-1001, a preliminary plat labeled as PZ-1002, and a packet of colored photos and reduction of the site plan labeled as PZ-1003. Ms. Johnson further stated that the applicant is in agreement with the staff report and referred to the original development agreement conditions answering access questions. Commissioner Shaffer asked if there is an alternative layout of the preliminary plat that does not show an access to Karcher Road. Ms. Johnson stated that there is no other alternative at this time. Commissioner Runsvold asked if the existing ditch would be piped. Ms. Johnson answered no. Dave Meldrum signed in as the applicant’s engineer and made himself available for any questions. Commissioner Runsvold asked if the existing irrigation ditches were going to be removed. Mr. Meldrum stated that the one to two foot wide irrigation ditch was to be removed but not the Phyllis canal. MOTION TO CLOSE TESTIMONY: Commissioner Runsvold SECOND: Commissioner Wallace Passed: Unanimous roll call vote. Comprehensive Plan Analysis SUB-188P-08 – MOTION: Commissioner Runsvold SECOND: Commissioner Wallace . Passed: Unanimous roll call vote. Findings of Fact on Case Number SUB-188P-08 – Accepted MOTION: Commissioner Runsvold SECOND: Commissioner Wallace. Passed: Unanimous roll call vote. Conclusions of Law on Case No. SUB-188P-08 –The conclusions of law were read and accepted. MOTION: Commissioner ShafferSECOND: Commissioner Runsvold. Passed: Unanimous roll call vote. Recommendation on Case No. SUB-188P-08 - MOTION: Commissioner Runsvold SECOND: Commissioner OldenKamp. The Commission voted to recommend Approval with the following conditions: 8.2 through 8.29 Case Number SUP-306-08 & VAR-33-08 a request by Caldwell School District, McKinstry and LKV Architects for a special use permit for a new elementary school and an electronic reader board sign in an R-1 Single Family Residential zone and a variance for building height from the maximum of 25 feet to a maximum of 35 feet. The site is located at 3115 Marble Front Road. Brian Billingsley presented the staff report and stated that the variance portion of the application has been withdrawn because the applicant has submitted plans with building height that is in accordance with city ordinances. Mr. Billingsley further submitted an aerial photo labeled PZ-1000. Commissioner Runsvold inquired about the height of the buildings. Brian Billingsley stated that the maximum allowed height would be 31 feet. Commissioner Shaffer asked about access to Lincoln Rd. Mr. Billingsley stated that there would be no access to Lincoln Rd. Brian stated that the property that is north of the subject property is city-owned and the site of a future public park with a pedestrian bridge across the creek to connect the school and the park. Amber Von Ocker, applicant’s representative, submitted elevations labeled as PZ-1001 and a site plan labeled as PZ-1002. Ms Van Ocker then addressed the parking issue. Mike Kaplan signed in opposition to the application and submitted PZ-1003 a letter from Cheryl Scott. Mr. Kaplan then stated his concerns for traffic and the need for a traffic light at KCID Road and Marble Front Rd. Amber Von Ocker stated that the proper traffic studies were completed and requirements were met. MOTION TO CLOSE TESTIMONY: Commissioner Runsvold SECOND: Commissioner Wallace Passed: Unanimous roll call vote. Comprehensive Plan Analysis SUB-188P-08 – MOTION: Commissioner Runsvold SECOND: Commissioner OldenKamp . Passed: Unanimous roll call vote. Findings of Fact on Case Number SUB-188P-08 – Accepted MOTION: Commissioner Runsvold SECOND: Commissioner Tollman. Passed: Unanimous roll call vote. Conclusions of Law on Case No. SUB-188P-08 –The conclusions of law were read and accepted. MOTION: Commissioner Shaffer SECOND: Commissioner Wallace. Passed: Unanimous roll call vote. ORDER on Case No. SUB-188P-08 - MOTION: Commissioner Runsvold SECOND: Commissioner Wallace. The Commission voted to Approve with the following conditions: 8.2 through 8.21 8.13- minimum parking would be 109 with 6 handicapped spaces 8.12- needs to be eliminated Case Number SUP-307-08 & VAR-34-08 a request by Caldwell School District, McKinstry and LKV Architects for a special use permit for a new elementary school and an electronic reader board sign in an R-1 Single Family Residential zone and a variance for building height from the maximum of 25 feet to a maximum of 35 feet. The site is located at 2520 Washington Avenue. Testimony: Anne Marie Skinner presented the staff report and submitted an aerial photo labeled PZ-1000 and handed out site layouts labeled as A-19 and A-20 from the case file. Ms Skinner then stated the following changes to the staff report: Variance request has been withdrawn: sections 9, 10, 11 & 12 are not applicable. The building will not be more than 31 feet in height. The parapet and the arch are considered architectural elements and do not count towards the building height. Page 3, under rights-of-way number one, the following sentence will need to be deleted: The applicant shall be required to dedicate an additional 5 foot along the Linden Street frontage between the westerly boundary and the first Linden Street approach to facilitate a right turn lane. Page 4, under traffic mitigation, there are two number ones. The first number one should read: No approaches shall be allowed to or from Linden Street. On traffic mitigation number two it needs to be added that this requirement has been complied with on the site plan labeled exhibit A-19. Traffic Mitigation numbers 3 and 4 should be deleted because they are no longer applicable with the revised site plan. The first part of Traffic Mitigation number 5 shall read: applicant may be required to provide striping. At the bottom of page number 4 under street number one should read: the applicant shall improve Linden Street to include a 24 ½ foot, ½ half width street section from center line to back of curb. The street shall feature standard vertical curb and gutter, 5 foot wide sidewalks, sub base asphalt paving, required stormwater drainage facilities and street lights. Item 2.8 is no longer applicable. Condition of approval item 8.19 should read: no access or approach shall be allowed to or from Linden Street. Amber Von Ocker, applicant’s representative, submitted PZ-1001 and provided supporting testimony and stated that the applicant is in agreement with the revisions to the staff report except for 2. The first one requiring the school district to participate in a 42% financial agreement for a traffic signal; and the second one being the additional 5 feet of widening on Linden. Commissioner Runsvold asked if the starting and ending times of the existing Syringa Middle School and the proposed Washington Elementary School would be staggered. Ms. Von Ocker answered that the times would be staggered. Roger Quarles signed in favor of the application and answered some of the questions the commission had concerning the timing of the schools and traffic. David Naccarato signed in favor of the application but did not wish to speak. Michael Johnson signed in favor of the application but did not wish to speak. Craig Johnson signed in favor of the application but did not wish to speak. DJ Patterson signed in neutral and provided opposing testimony with respect to the parking. M.J. Vogt signed in neutral to the application and provided testimony regarding traffic. James Ogstad signed in neutral to the application and provided testimony regarding traffic. Michele Hagewood signed in neutral to the application and provided testimony regarding traffic. Gina Lujak signed in opposition to the application and provided opposing testimony regarding the lack of pathways and traffic. Paul He signed in opposition to the application but did not wish to speak. Brent Orton explained the traffic study and the traffic mitigation requirements. Commissioner Runsvold expressed his concerns for pedestrian pathways. MOTION TO CLOSE TESTIMONY: Commissioner Runsvold SECOND: Commissioner OldenKamp Passed: Unanimous roll call vote. MOTION TO CONTINUE CASE NUMBER SUP-307-08: Commissioner Runsvold SECOND: Commissioner OldenKamp Passed: Unanimous roll call vote. Planning Issues Adjournment  Adjourn public hearing MOTION: Commissioner Runsvold SECOND: Commissioner OldenKamp Passed: Unanimous roll call vote. The meeting was adjourned at 10:40 pm. MINUTES APPROVED AND SIGNED BY CHAIRPERSON MICHAEL JAKOBSON ON THE DATE NOTED BELOW:                                           ____                 _____               Michael Jakobson Date                ATTEST:                                                                                                                                   Planning and Zoning Director